Manish Gupta death case: Delhi HC stays order discharging 5 UP cops of murder charges
Feb 01, 2023
New Delhi [India], February 1 : The Delhi High Court on Wednesday stayed orders discharging five Uttar Pradesh police personnel of murder charges in connection with the death of Kanpur-based businessman Manish Gupta.
The High Court also stayed the proceedings before the special Central Bureau of Investigation (CBI) judge at Rouse Avenue court.
This matter pertains to the alleged thrashing of Manish Gupta by UP cops in a Gorakhpur Hotel. He allegedly died of the injuries. The investigation was transferred to the CBI and the trial was transferred to New Delhi in view of cops being accused in the matter.
The trial court has framed murder charges against only the Station House Officer (SHO) Jagat Narain Singh out of six police personnel. The other five cops have been charged with an offence of voluntarily causing hurt (Section 323) and section 34 of IPC.
Justice Jasmeet Singh stayed the order of December 22, 2022 framing charges of murder against one accused and of voluntarily causing hurt against six cops.
The High Court has also stayed the order of January 9, 2023 denying permission to the family of the deceased to assist the court at the time of framing of charges.
The court has issued notices to the CBI and the accused cops. The matter has been listed for hearing on March 3, 2023.
The High Court passed the order while hearing the plea moved by the family of the deceased against the trial court's order.
After hearing the counsel for the petitioner, Justice Singh said, "I am of the view that the petitioner should have been heard and allowed to assist the court at the time of framing of charges."
"I am also of the prima facie view that the accused should be charged with section 302 and 34 of IPC," Justice Singh said.
The bench also observed, "In case the matter is permitted to proceed, evidence would be led not under section 302 and but only section 323 which may not be proper."
After expressing the view, the bench stayed both orders till the next date of hearing.
The family of Manish Gupta has moved a plea through Advocate Kartickay Mathur.
